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Patna High Court

Vishwakarama Dhanuk @ VishwakaramaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Vishwakarama Dhanuk, sought anticipatory bail fearing arrest in a case (Sahpur P.S. Case No. 56 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 120 litres of illicit liquor. The prosecution alleged recovery of the liquor, while the petitioner claimed innocence, asserting that his name appeared only in a co-accused's confessional statement and that he has a clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 to a charitable institution, and comply with attendance conditions at the police station. The bail is subject to verification of the receipt and the petitioner’s clean antecedent, and any default may lead to cancellation. The order is made under Section 438(2) of the CrPC and Section 482 of the BNSS.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 of the CrPC in the present case?
  • Whether the petitioner’s alleged involvement in the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29757 of 2026
                        Arising Out of PS. Case No.-56 Year-2026 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Vishwakarama Dhanuk @ Vishwakarama S/O Kashi Dhanuk Resident of
                 Village- Sahpur, P.S. Sahpur, District- Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raju Kumar Singh
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Sahpur P.S. Case No. 56 of 2026 registered for

                   the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                   3. As per the prosecution case, the recovery is of

                   total 120 litre of country-made liquor from three bags.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the name

                   of the petitioner has come in the confessional statement of the

                   co-accused. Petitioner has clean antecedent.

                                     5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.29757 of 2026(2) dt.07-05-2026
                                            2/3




          for anticipatory bail of the petitioner.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise court No. II, Bhojpur at Ara / concerned

          Court below in connection with Sahpur P.S. Case No. 56 of

          2026, subject to the conditions laid down in Section 438(2) of

          the Code of Criminal Procedure, 1973 / Section 482 of the

          BNSS.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit

          House, Chapra and produce the receipt of the same before the

          Court below. The bail bonds of the petitioner shall be accepted

          after verifying the genuineness of the receipt produced by the

          petitioner.

                        9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the
              Patna High Court CR. MISC. No.29757 of 2026(2) dt.07-05-2026
                                                          3/3




                        petitioner that he has clean antecedent. The bail bonds of the

                        petitioner shall only be accepted if it is found that he has clean

                        antecedent.

                                     10. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Sahpur Police Station, District- Bhojpur on any two Sundays of

                        every month. Any default in appearance at the Police Station

                        will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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